RBS - Direct Line Conveyancing Panel Information

We only know of two or three banks that operate a separate approved solicitors panel where the mortgage advance is over a certain level. You should nevertheless check directly with RBS - Direct Line. At one stage HSBC would only allow Sole practitioners to act for them where the mortgage was below £150,000. We are not sure if HSBC still operate such a condition. In your case it is best to check with RBS - Direct Line

You will be aware of the trend in recent years for lenders such as RBS - Direct Line to take a much more pro-active approach in relation to the management and make up of their conveyancer panels. The knock on effect of this is that it is more likely that there will be a higher number of cases where a conveyancer is not on the RBS - Direct Line panel. The situation that you find yourself in is where your client’s purchaser has his/her own lawyer and RBS - Direct Line have appointed a separate lawyer to act on their behalf where the new CML Part 3 requirements apply. Section 11.1 of the UK Finance Lenders’ Handbook Part 3 requires RBS - Direct Line’s panel solicitor to ‘ ...transfer the mortgage advance directly to the Seller’s conveyancer. The Seller’s conveyancer must be required to hold the mortgage advance on the terms of the required undertaking. The example borrower’s conveyancer’s undertaking letter includes a specific example of the seller’s undertaking’. You should expect to be advised to received the mortgage advance directly from the conveyancing solicitors for RBS - Direct Line. You will no doubt be required to undertake directly to RBS - Direct Line’s solicitors to discharge any charges secured on the property and to send directly to them the executed transfer and any other documents required to enable us to effect registration. Please remember to carefully consider undertakings in accordance with your firm’s protocol and record them in your undertakings logg. Please remember that as well as this breach of this undertaking having regulatory and compliance implications it’s breach could also result in your firm being removed off the RBS - Direct Line conveyancing panel.

For most lenders participation on the lender's panel of conveyancers is at the absolute discretion of the the lender. Many lenders reserve the right to accept or reject any application without giving any reason. You should check your original application to join the RBS - Direct Line conveyancing panel to see if you are entitled to a reason.

RBS - Direct Line approved solicitors have to comply with the UK Finance Lenders’ Handbook instructions relating to Transfer of Equity. These are set out in Section 16.3. First, your firm must approve the form of Transfer of Equity (which should be in the Land Registry's standard form) and, if RBS - Direct Line require, the deed of covenant on their behalf. You will need to check RBS - Direct Line CML Part 2 conditions to see if RBS - Direct Line have standard forms of transfer and deed of covenant. Please note that this requirement can change from one transaction to another so do check! Second,When drafting or approving a transfer, you should bear in mind that: although the transfer should state that it is subject to the mortgage (identified by date and parties), it need give no details of the terms of the mortgage; the transfer need not state the amount of the mortgage debt. If it does, the figure should include both principal and interest at the date of completion, which you must check ; there should be no statement that all interest has been paid to date. Further obligations are set out in the UK Finance Lenders’ Handbook which have to be followed by all firms on the RBS - Direct Line conveyancing panel

In this situation please explain on the application what steps you have taken to discover the reasons behind cancellation of your RBS - Direct Line panel status. In particular please provide details if you have received communications from the lender. E.G. before revocation of your panel membership did you receive any letters or calls from the lender informing you as to why they reached this decision?

You should contact RBS - Direct Line to obtain standard documents. The The Council of Mortgage Lenders Handbook incorporates an express question for lenders to reveal who to contact to obtain standard documents. RBS - Direct Line in their Part 2’s state: Please remember to disclose your RBS - Direct Line conveyancing panel number.